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Defence Legislation Amendment (Aid to Civilian Authorities) Bill 2000

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1998-1999-2000

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

THE SENATE

 

 

Defence Legislation Amendment (Aid to Civilian Authorities) Bill 2000

 

 

Schedule of the amendments made by the Senate

 

 

 

 

 

(1)     Schedule 1, item 3, page 4 (after line 8), after the definition of premises , insert:

Presiding Officer means the President of the Senate or the Speaker of the House of Representatives.

(2)     Schedule 1, item 3, page 5 (after line 25), at the end of subsection (2), add:

                   Provided always that the Emergency Forces or the Reserve Forces shall not be called out or utilized in connexion with an industrial dispute.

(3)     Schedule 1, item 3, page 5 (lines 26 to 29), omit subsection (3), substitute:

Involvement of State or Territory

             (3)  If paragraph (1)(b) applies:

                     (a)  the Governor-General may make the order whether or not the Government of the State or the self-governing Territory requests the making of the order; and

                     (b)  if the Government of the State or the self-governing Territory does not request the making of the order, an authorising Minister must, subject to subsection (3A), consult that Government about the making of the order before the Governor-General makes it.

Exception to paragraph (3)(b)

          (3A)  However, paragraph (3)(b) does not apply if the Governor-Governor is satisfied that, for reasons of urgency, it is impracticable to comply with the requirements of that paragraph.

(4)     Schedule 1, item 3, page 6 (line 16), after “the order”, insert “, or in deciding whether he or she is satisfied as mentioned in subsection (3A)”.

(5)     Schedule 1, item 3, page 6 (after line 28), after subsection (8), insert:

Notice to State or self-governing Territory

          (8A)  As soon as is reasonably practicable after the order is made or revoked, an authorising Minister must arrange for the Government of the State or the self-governing Territory specified in the order to be notified of the making or revocation of the order. However, if this is not done, the validity of the making or revocation of the order is not affected.

(6)     Schedule 1, item 3, page 7 (line 11), after “directed to”, insert “utilise the Defence Force to”.

(7)     Schedule 1, item 4, page 9 (after line 21), at the end of subsection (2), add:

                   Provided always that the Emergency Forces or the Reserve Forces shall not be called out or utilized in connexion with an industrial dispute.

(8)     Schedule 1, item 4, page 11 (line 32), omit paragraph 51G(a), substitute:

                     (a)  stop or restrict any protest, dissent, assembly or industrial action, except where there is a reasonable likelihood of the death of, or serious injury to, persons or serious damage to property; or

(9)     Schedule 1, item 4, page 13 (lines 5 and 6), omit “the authorising Ministers, or a Minister (whether or not one of the authorising Ministers) authorised in writing by them,”, substitute “an authorising Minister”.

(10)   Schedule 1, item 4, page 14 (line 8), at the end of subsection 51K(2), add:

             ; and (f)  forwarded, within 24 hours after the declaration is made, to the Presiding Officer of each House of the Parliament for tabling in that House.

(11)   Schedule 1, item 4, page 14 (after line 8), after subsection 51K(2), insert:

Houses to sit within 6 days

          (2A)  Each House of the Parliament must sit within 6 days after its Presiding Officer receives the statement that is forwarded in accordance with paragraph (2)(f).

(12)   Schedule 1, item 4, page 23 (line 17), omit “publication to take place”, substitute “presentation to the Parliament”.

(13)   Schedule 1, item 4, page 23 (line 29), omit “publication to take place”, substitute “presentation to the Parliament”.

(14)   Schedule 1, item 4, page 24 (lines 5 to 18), omit subsections (3) and (4), substitute:

Reporting to Parliament

             (3)  For the purposes of subsection (1) or (2), presentation to the Parliament of the copy and report is in accordance with this subsection if the copy and report are forwarded to the Presiding Officer of each House:

                     (a)  if that House sits before the end of 7 days after the order mentioned in subsection (1) or the last of the orders mentioned in subsection (2) ceases to be in force—for tabling in that House before the end of that 7 days; or

                     (b)  if not—before the end of that 7 days for distribution to all Senators or Members of the House of Representatives, as the case may be.



(15)   Schedule 1, item 4, page 24 (after line 22), after section 51X, insert:

51XA   Review of operation of Part

Independent review where first orders made

             (1)  If:

                     (a)  before the end of 3 years after the commencement of this Part:

                              (i)  an order under this Part ceases to be in force, where the order is not one of 2 or more orders to which subparagraph (ii) applies; or

                             (ii)  2 or more orders under this Part cease to be in force, where the orders were about the same or related circumstances and came into force in succession, without any intervening period when no such order was in force; and

                     (b)  no order under this Part had previously been made;

the Minister must, subject to subsection (2), before the end of 6 months after the order mentioned in subparagraph (a)(i), or the last of the orders mentioned in subparagraph (a)(ii), ceases to be in force, arrange for the carrying out of an independent review (see subsection (6)) of the operation of this Part in relation to the order or orders.

Independent review not required if Parliamentary committee report

             (2)  Subsection (1) does not apply if a committee of one or both of the Houses of the Parliament has already presented a report to that House or both of the Houses, as the case may be, about the operation of this Part in relation to the order or orders.

Independent review where no orders made

             (3)  If no order under this Part ceases to be in force before the end of 3 years after the commencement of this Part, the Minister must, subject to subsection (4), as soon as practicable after those 3 years, arrange for the carrying out of an independent review of the operation of this Part during those 3 years.

Independent review not required if Parliamentary committee report

             (4)  Subsection (3) does not apply if a committee of one or both of the Houses of the Parliament has already presented a report to that House or those Houses, as the cases may be, about the operation of this Part during those 3 years.

Tabling of report of independent review

             (5)  The Minister must arrange for a copy of the report of any independent review under subsection (1) or (3) to be tabled in each House of the Parliament within 5 sitting days of that House after the Minister is given the report.

Meaning of “independent review”

             (6)  In this section:

independent review means a review, and report to the Minister, by 2 or more persons who:

                     (a)  in the Minister’s opinion, possess appropriate qualifications to carry out the review; and



                     (b)  include at least one person who:

                              (i)  is not employed by the Commonwealth or a Commonwealth authority; and

                             (ii)  has not, since the commencement of this Part, provided services to the Commonwealth or a Commonwealth authority under or in connection with a contract.

 

 

 

 

 

 

HARRY EVANS

Clerk of the Senate

 

 

The Senate

7 September 2000